[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37673-37674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16447]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1143]


Certain Pickup Truck Folding Bed Cover Systems and Components 
Thereof; Commission Determination Not To Review an Initial 
Determination Terminating the Investigation as to a Single Respondent 
Based on a Consent Order Stipulation and Consent Order, and Amending 
the Complaint and Notice of Investigation; Issuance of Consent Order; 
and Request for Written Submissions on Remedy, the Public Interest, and 
Bonding

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination 
(``ID'') (Order No. 27) of the presiding administrative law judge 
(``ALJ''): (1) Terminating the above-captioned investigation as to 
respondent Sunwood Industries Co., Ltd. (``Sunwood'') of Jiangsu, China 
based on a consent order stipulation and consent order, and (2) 
amending the complaint and notice of investigation. The Commission has 
issued the respective consent order and is requesting written 
submissions on remedy, the public interest, and bonding concerning 
defaulting respondent Ningbo Huadian Cross Country Automobile 
Accessories Co., Ltd. (``Ningbo'') of Ningbo, China.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on February 15, 2019, based on a complaint filed on behalf of Extang 
Corporation and Laurmark Enterprises, Inc. d/b/a BAK Industries 
(collectively, ``Complainants''), both of Ann Arbor, Michigan. 84 FR 
4534-35 (Feb. 15, 2019). The complaint alleges violation of section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``Section 
337''), based upon the importation into the United States, sale for 
importation, and the sale within the United States after importation of 
certain pickup truck folding bed cover systems and components thereof 
by reason of infringement of certain claims of U.S. Patent Nos. 
D620,877; 7,188,888; 7,484,788; 8,061,758; 8,182,021; and 8,690,224; 
and U.S. Trademark Registration Nos. 5,104,393 and 3,904,016. The 
Commission's notice of investigation names numerous respondents, 
including Ningbo and Sunwood. The Office of Unfair Import 
Investigations (``OUII'') is also a party to the investigation. The 
Commission previously found Ningbo in default. Order No. 23 (May 3, 
2019), unreviewed by Comm'n Notice (May 29, 2019). All other 
respondents, with the exception of Sunwood, have been terminated from 
the investigation based on consent order stipulation and proposed 
consent order. See Order Nos. 13-19 (Apr. 12, 2019), unreviewed by 
Comm'n Notice (May 8, 2019); Order Nos. 20-21 (Apr. 26, 2019), 
unreviewed by Comm'n Notice (May 15, 2019).
    On May 30, 2019, Complainants and Sunwood filed a joint motion to 
terminate the investigation as to Sunwood based on a consent order 
stipulation and proposed consent order. On June 11, 2019, OUII filed a 
response supporting the joint motion, including a request to amend the 
complaint and notice of investigation to change the full name of 
Sunwood to reflect the correct entity being accused.
    On July 3, 2019, the ALJ issued the subject ID (Order No. 27) 
granting the joint motion for termination as to Sunwood. The ALJ found 
that the consent order stipulation and consent

[[Page 37674]]

order satisfy the requirements of Commission Rule 210.21(c) (19 CFR 
210.21(c)). He further found, pursuant to Commission Rule 210.50(b)(2) 
(19 CFR 210.50(b)(2)), that there is no indication that termination of 
this investigation as to Sunwood based on the consent order stipulation 
would adversely impact the public interest. The ALJ also found that 
good cause exists, pursuant to Commission Rule 210.4 (19 CFR 210.14), 
to grant OUII's request and amend the complaint and notice of 
investigation to accurately reflect the correct name for respondent 
Sunwood as Changzhou Sunwood International Trading Co., Ltd. The ALJ 
terminated the investigation before him because Sunwood is the last 
participating respondent and Complainants did not request a general 
exclusion order. No party petitioned for review of the ID.
    The Commission has determined not to review the subject ID and has 
issued the requested consent order.
    Section 337(g)(1) (19 U.S.C. 1337(g)(1)) and Commission Rule 
210.16(c) (19 CFR 210.16(c)) authorize the Commission to order limited 
relief against a respondent found in default, unless after 
consideration of the public interest factors in Section 337(g)(1), it 
finds that such relief should not issue. Accordingly, in connection 
with the final disposition of this investigation, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered with respect to Ningbo. If a 
party seeks exclusion of an article from entry into the United States 
for purposes other than entry for consumption, the party should so 
indicate and provide information establishing that activities involving 
other types of entry either are adversely affecting it or likely to do 
so. For background, see Certain Devices for Connecting Computers via 
Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. 
at 7-10 (December 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove the Commission's action. See Presidential Memorandum of 
July 21, 2005, 70 FR 43251 (July 26, 2005). During this period, the 
subject articles would be entitled to enter the United States under 
bond, in an amount determined by the Commission and prescribed by the 
Secretary of the Treasury. The Commission is therefore interested in 
receiving submissions concerning the amount of the bond that should be 
imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding.
    Complainants and OUII are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
also requested to state the date that the asserted patents expire, the 
HTSUS numbers under which the accused products are imported, and to 
supply the names of known importers of the products at issue in this 
investigation. The written submissions regarding remedy, bonding, and 
the public interest and proposed remedial orders must be filed no later 
than close of business on August 12, 2019. Reply submissions must be 
filed no later than the close of business on August 19, 2019. No 
further submissions on these issues will be permitted unless otherwise 
ordered by the Commission.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit eight 
true paper copies to the Office of the Secretary pursuant to Section 
210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 
210.4(f)). Submissions should refer to the investigation number (``Inv. 
No. 337-TA-1143'') in a prominent place on the cover page and/or the 
first page. (See Handbook on Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons with questions 
regarding filing should contact the Secretary at (202) 205-2000.
    Any person desiring to submit a document to the Commission in 
confidence must request confidential treatment unless the information 
has already been granted such treatment during the proceedings. All 
such requests should be directed to the Secretary of the Commission and 
must include a full statement of the reasons why the Commission should 
grant such treatment. See 19 CFR 210.6. Documents for which 
confidential treatment by the Commission is sought will be treated 
accordingly. A redacted non-confidential version of the document must 
also be filed simultaneously with any confidential filing. All 
information, including confidential business information and documents 
for which confidential treatment is properly sought, submitted to the 
Commission for purposes of this Investigation may be disclosed to and 
used: (i) By the Commission, its employees and Offices, and contract 
personnel (a) for developing or maintaining the records of this or a 
related proceeding, or (b) in internal investigations, audits, reviews, 
and evaluations relating to the programs, personnel, and operations of 
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel,\1\ solely for 
cybersecurity purposes. All non-confidential written submissions will 
be available for public inspection at the Office of the Secretary and 
on EDIS.
---------------------------------------------------------------------------

    \1\ All contract personnel will sign appropriate nondisclosure 
agreements.
---------------------------------------------------------------------------

    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and 
in Part 210 of the Commission's Rules of Practice and Procedure, 19 CFR 
part 210.

    By order of the Commission.

    Issued: July 29, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-16447 Filed 7-31-19; 8:45 am]
 BILLING CODE 7020-02-P